Lutan Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12961 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- NOORSARAI District- Nalanda ====================================================== 1.

LUTAN YADAV Son of Adan Yadav Resident of Village - Maiyar, P.S.- Noorsarai, District - Nalanda.

2.

Biresh Yadav Son of Adan Yadav Resident of Village - Maiyar, P.S.- Noorsarai, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 308, 379, 504, 506/34 IPC registered in connection with Noorsarai P.S. Case No. 290/2018.

3. It is submitted that the petitioners have been falsely implicated and in any event the injury from the assault with ghadansa attributed to the petitioner no. 1 is simple in nature. There was no accusation of assault by the petitioner no. 2. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Nalanda at Biharsharif, in connection with Noorsarai P.S. Case No. 290/2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

Patna High Court CR. MISC. No.12961 of 2019(2) dt.05-03-2019 2/2 i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason,their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T